58 Pa. Code § 493a.5. Answers to complaints, petitions, motions and other filings requiring a response.

§ 493a.5. Answers to complaints, petitions, motions and other filings requiring a response.

(a)  Answers to complaints, petitions, motions, appeals of staff decisions and other filings requiring a response shall be filed with the Clerk and served on all other parties within 30 days after the date of service of the complaint, petition, motion or other pleading, unless a different time is prescribed by the Board, presiding officer or elsewhere in the Board’s regulations.
(b)  Failure to file a timely answer to a complaint or petition will constitute an admission of all matters and facts contained in the filing and may result in the waiver of the right to a hearing.
(c)  Answers may contain the following:
   (1)  Admissions of the matter complained of and the alleged facts, in whole or in part.
   (2)  New matter or explanation by way of defense.
   (3)  Legal objections.
   (4)  Affirmative defenses.
   (5)  A request for a hearing.
(d)  Answers shall be in writing and shall specifically and in detail admit or deny each allegation in the pleading.
(e)  This section supersedes 1 Pa. Code § §  35.35—35.40 (relating to answers).

Authority

   The provisions of this §  493a.5 amended under 4 Pa.C.S. § §  1202(b)(30), 1205 and 1207(2) and (9).

Source

   The provisions of this §  493a.5 amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial page (362153).

Cross References

   This section cited in 58 Pa. Code §  405a.6 (relating to enforcement action); 58 Pa. Code §  511a.9 (relating to petition to remove name from the exclusion list); and 58 Pa. Code §  1120a.9 (relating to petition to remove name from the exclusion list).

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